Friday, December 14, 2018

3 FAQs About Overloaded Truck Accident Claims - Legal Examiner

Commercial truck drivers have considerably more experience behind the wheel than the average motorist, but they’re certainly not immune to accidents. When tractor-trailers are involved in collisions, it is likely that severe property damage and devastating injuries will result. According to the Insurance Institute for Highway Safety, the occupants of smaller vehicles typically suffer the worst of the impact in these crashes.

An 18-wheeler can weigh 10 to 20 times more than a passenger vehicle, which means those traveling near big rigs in traffic are especially vulnerable to serious injuries and even death. There is no foolproof way to prevent truck accidents, but in an attempt to keep the roads as safe as possible, every state imposes weight limitations on commercial vehicles. This reduces the force of impact when collisions do occur. Additionally, lighter trucks are easier to maneuver around turns, and they require less stopping distance.

In the state of Minnesota, the weight limit for a standard commercial vehicle that has at least five axles is 80,000 pounds. Unfortunately, not all motor carriers or truckers abide by this restriction.

Read on to learn the answers to three frequently asked questions about overloaded truck accident claims:

How Can I Prove the Truck Was Overloaded?

Weigh station records and documentation from the cargo loading company will probably contribute to your claim more than any other piece of evidence. If you’re not sure how to gather these documents, a resourceful personal injury attorney can help.

Who Is Liable for an Overloaded Truck Accident?

When a tractor-trailer is overloaded and a wreck occurs because of the added weight, there are several potential parties who may be liable. For example, the trucker could be responsible if he or she knew the vehicle was overweight but continued driving anyway. The motor carrier could also be at fault for ignoring weight limits or fostering a demanding work environment in which employees feel the need to violate regulations. The cargo loading company could also be responsible for failing to check the vehicle’s final weight or not accounting for the weight of fuel.

If the Oversized Load Was Permitted, Can I Still Sue?

In certain scenarios, a motor carrier can obtain a permit to transport cargo that weighs more than 80,000 pounds. Commercial drivers need to exercise additional caution when operating oversized or overloaded vehicles. If they fail to do so and a collision results, they are still liable for the damages, regardless of whether they had a permit.

Call 800-770-7008 for a Free Consultation with a Minneapolis Truck Accident Lawyer

If you were hurt in a collision with a commercial driver, turn to a Minneapolis truck accident attorney at Bradshaw & Bryant. Our strategic personal injury lawyers will handle the logistics of your claim so you can focus on your health. Call 320-259-5414 or fill out our Contact Form to schedule a free case evaluation.